PEOPLE OF MI V ROBERT CALVIN CHAPMAN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 30, 2009
Plaintiff-Appellee,
v
No. 284306
Wayne Circuit Court
LC No. 07-014002-FC
ROBERT CALVIN CHAPMAN,
Defendant-Appellant.
Before: Sawyer, P.J., and Murray and Stephens, JJ.
PER CURIAM.
Following a bench trial, defendant was convicted of carjacking, MCL 750.529a, and
unarmed robbery, MCL 750.530. He was sentenced as a fourth habitual offender, MCL 769.12,
to concurrent prison terms of 25 to 40 years for the carjacking conviction and 9 to 15 years for
the robbery conviction. He appeals as of right. We affirm. This appeal has been decided
without oral argument pursuant to MCR 7.214(E).
Defendant argues that the trial court erroneously determined that he was not entitled to
credit against his sentences for time served because he committed the offenses while on parole.
The issue of sentence credit under MCL 769.11b is one of statutory interpretation and is
reviewed de novo on appeal. People v Givans, 227 Mich App 113, 124; 575 NW2d 84 (1997).
Bus because defendant did not object at sentencing, this issue is unpreserved and is reviewed for
plain error affecting defendant’s substantial rights. People v Meshell, 265 Mich App 616, 638;
696 NW2d 754 (2005).
“Whenever any person is hereafter convicted of any crime within this state and has
served any time in jail prior to sentencing because of being denied or unable to furnish bond for
the offense of which he is convicted, the trial court in imposing sentence shall specifically grant
credit against the sentence for such time served in jail prior to sentencing.” MCL 769.11b.
“MCL 769.11b provides that where a sentencing court has before it a convict who has served
time in jail before sentencing because he or she could not afford or was denied bond, the court
must credit that person with time served.” People v Stead, 270 Mich App 550, 551; 716 NW2d
324 (2006).
The law is clear that “[w]hen a parolee is arrested for a new criminal offense, he is held
on a parole detainer until he is convicted of that offense, and he is not entitled to credit for time
served in jail on the sentence for the new offense.” People v Seiders, 262 Mich App 702, 705;
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686 NW2d 821 (2004). Rather, a parolee convicted of a new offense is entitled to have jail
credit applied only to the sentence from which parole was granted. Id.; MCL 791.238(2). Credit
is not available to a parolee for time spent in jail on a new offense because “bond is neither set
nor denied when a defendant is held in jail on a parole detainer.” Id. at 707. Accord People v
Filip, 278 Mich App 635, 640-642; 754 NW2d 660 (2008); Stead, supra at 551-552; Meshell,
supra at 638-640. This is true even if the parolee has served his or her minimum sentence. Filip,
supra at 642. The time served on the parole hold is credited against the sentence for which
parole was granted, even if prison authorities abandon parole violation proceedings, in which
case “the time served is essentially forfeited.” Id. (footnote omitted); People v Stewart, 203
Mich App 432, 433; 513 NW2d 147 (1994). To the extent that some unpublished decisions hold
otherwise, we decline to follow them because they are not precedentially binding, MCR
7.215(C)(1), and they conflict with the published decisions cited above, which we are required to
follow. MCR 7.215(J)(1).
Defendant also argues that the denial of sentence credit violates his constitutional due
process and equal protection rights, as well as the constitutional prohibition against double
jeopardy. For the reasons explained in Stewart, supra at 433-434, we disagree.
Affirmed.
/s/ David H. Sawyer
/s/ Christopher M. Murray
/s/ Cynthia Diane Stephens
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